5101:2-14-35
County department of job and family services (CDJFS) responsibility for compliance and complaint investigation for an in-home aide (IHA).

(A)
The county
department of job and family services (CDJFS) shall investigate any complaints
against an in-home aide (IHA). The CDJFS may inspect the IHA home as part of
the complaint investigation.

(1)
Investigations of all complaints shall begin within
five business days of receipt of a complaint by the CDJFS, unless the complaint
falls under paragraph (B) of this rule.

(2)
For each
investigation, the CDJFS shall complete the JFS 01921 "Complaint Disposition
Report" (rev. 10/2010) and furnish one copy to the IHA before the CDJFS staff
leaves the home. If additional information is added to the report or it is
revised in any way, the CDJFS shall send a copy of the report to the provider
within five business days of the date of the addition or
revision.

(3)
If a JFS 01921 is completed as part of an
investigation conducted by telephone, the CDJFS shall send a copy of the report
to the IHA within five business days of the initial telephone contact. If
additional information is added to the report or it is revised in any way, the
CDJFS shall send a copy of the report to the IHA within five business days of
the date of the addition or revision.

(B)
If the complaint
alleges immediate risk to children, the CDJFS shall:

(1)
Begin the
investigation within one business day of receipt of the
complaint.

(2)
Notify the caretaker within one business day of the
complaint, of the ongoing investigation and the rule which the complainant
alleges has been violated.

(3)
Send to the
caretaker a completed copy of the JFS 01922 "Notification of Child Care
Investigation" (rev. 1/2014) within three business days of receipt of the
complaint, informing the caretaker of the alleged rule violation involving
their child.

(C)
If the complaint alleges child abuse or neglect, the
CDJFS shall immediately report the complaint to the public children services
agency (PCSA). The oral report shall be followed with a written report to the
PCSA, if requested by the PCSA. The written report shall contain the
following:

(3)
A summary of the
actions taken by the CDJFS or plans to initiate an investigation of
noncompliance with the regulations contained in Chapter 5101:2-14 of the
Administrative Code.

(4)
A request of clarification of joint or parallel
investigatory roles.

(D)
A PCSA
investigation does not relieve the CDJFS of its responsibility to investigate
IHA noncompliance with regulations contained in Chapter 5101:2-14 of the
Administrative Code unless the PCSA indicates that the CDJFS complaint
investigation would interfere with the PCSA's investigation of the
case.

(E)
The CDJFS, after removal of confidential information,
shall provide a copy of the JFS 01642 "In-Home Aide Application and Assurances"
(rev. 1/2014) to anyone who submits a request to the CDJFS. Inspection reports
shall be kept on file at the CDJFS.

(F)
If the CDJFS
determines the IHA is not in compliance with this chapter or Chapter 5104. of
the Revised Code the CDJFS shall forward to the IHA written notification which
includes:

(3)
The date, not to
exceed thirty business days, by which the correction shall be
completed.

(4)
A statement of the consequences if the IHA fails to
correct violations within the specified time frame.

(5)
A statement that
the IHA has the right to appeal the actions of the CDJFS and request a county
appeal review in accordance with the procedures outlined in (I) of this
rule.

(G)
If the CDJFS determines that the IHA is not in
compliance with Chapter 5101:2-14 of the Administrative Code or Chapter 5104.
of the Revised Code, the CDJFS may revoke the certificate. The IHA cannot
reapply for certification for at least five years following the revocation of
the certificate in this state or any other state, or the provider's voluntary
withdrawal in this state or any other state, from the certification program as
a result of CDJFS notification of its intent to revoke the provider's
certificate.

(H)
Upon revocation of a certificate, the CDJFS shall
notify the IHA of its right to appeal the decision to revoke the certificate
and request a county appeal review in accordance with procedures outlined in
paragraph (I) of this rule.

(I)
If the IHA
requests an appeal review, the following steps shall be followed:

(1)
The CDJFS shall
schedule a county appeal review within fifteen business days of receipt of a
written county appeal reveiw request and notify the IHA in writing of the time,
date and place of the review.

(2)
The individual
responsible for conducting the county appeal review shall not be someone who
was a party to the decision that is the subject of the review.

(3)
The IHA shall
have the opportunity to present his or her case and examine the contents of the
case file that are relevant to the CDJFS decision to revoke or deny the
certification.

(4)
The CDJFS is responsible for preparing and issuing a
written decision to the IHA within ten business days from the date of the
county appeal review. The decision shall include the following
information:

(5)
The county
appeal review decision is final in regard to the appeal procedures contained in
rule.

(J)
The voluntary surrender of a certificate to the CDJFS
shall not prohibit the CDJFS from revoking a certificate pursuant to paragraph
(G) of this rule.

(K)
Failure of the caretaker whose child is receiving IHA
services to cooperate with the CDJFS or failure to comply with this chapter and
Chapter 5104. of the Revised Code shall be cause for the CDJFS to deny or
terminate the IHA arrangement, revoke the IHA certificate and inform the
caretaker of alternative child care options.

(L)
Except as
provided in paragraphs (M) and (N) of this rule, the CDJFS shall not
disseminate confidential information, which includes but is not limited to, the
following:

(1)
Child abuse and neglect investigative records, pursuant to section
2151.421 of the Revised Code and
rule 5101:2-34-38 of the
Administrative Code.

(2)
The identity of an information source or witness to
whom confidentiality has been reasonably promised.

(3)
Any information,
when such information would reasonably tend to disclose the identity of one to
whom such confidentiality has been reasonably promised.

(4)
Results of any
criminal records check conducted by the BCII on an applicant, except that these
records are available to the person who is the subject of the criminal records
check, his or her representative, and any court hearing officer, or other
necessary individual involved in a case dealing with denial or revocation of
certification related to the criminal records check.

(5)
The disposition
of any investigation requested by a CDJFS from the PCSA concerning reports of
child abuse or neglect on an applicant. The CDJFS shall not provide to the
person who is the subject of the records check any information that identifies
the person who made the report, statements of witnesses, or police or other
investigative reports.

(6)
IHA medical records pertaining to the medical history,
diagnosis, prognosis, or medical condition of the provider, which are generated
and maintained in the process of medical treatment, except as authorized by
section 1347.08 of the Revised Code, if
requested by the subject of the report.

(M)
The CDJFS is
responsible for sharing all IHA, client, and fiscal information with the Ohio
department of job and family services (ODJFS) during the course of a monitoring
review of its certification program or when the ODJFS is investigating a
complaint involving the CDJFS.

(N)
As needed, the
CDJFS shall share information with the PCSA or a law enforcement agency
concerning an investigation of alleged child abuse or neglect.

(O)
When information
is disseminated, the following shall be documented in the IHA's record: